Attwood v The Queen

Attwood appealed his conviction for murder in the Supreme Court of Victoria to the High Court of Australia. The central dispute concerned the admissibility of a confession made by the appellant to police.

The High Court was required to determine whether the confession was admissible in evidence, notwithstanding that the appellant had been subjected to prolonged questioning by police without being informed of his right to legal advice or to remain silent. The court also considered whether the trial judge had erred in admitting the confession, and whether the conviction was unsafe or unsatisfactory by reason of its admission.

The High Court held that the confession was inadmissible. Applying the principles established in *R v Jeffries* and *Basto v The Queen*, the court found that the prolonged questioning of the appellant, who was a young man of limited intelligence, without informing him of his rights, rendered the confession involuntary and therefore inadmissible. The court emphasised that the onus was on the Crown to prove beyond reasonable doubt that the confession was voluntary, and that this onus had not been discharged.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.